EFFECTIVENESS OF LAWS PROHIBITING SEX SELECTIVE ABORTIONS IN CURBING
FEMALE FOETICIDE IN INDIA
Dissertation
submitted in partial fulfilment of the
requirements for the award of degree of
requirements for the award of degree of
SUPERVISED BY SUBMITTED BY
DR. C.R. Jilova Manjit
Assistant Professor
Department of Law Ref.No.
Kurukshetra University
Kurukshetra
DIRECTORATE OF DISTANCE EDUCATION
KURUKSHETRA UNIVERSITY,
KURUKSHETRA
2012-2013
DIRECTORATE OF DISTANCE EDUCATION
KURUKSHETRA
UNIVERSITY, KURUKSHETRA
Dr. C.R. Jilova Department of law
Assistant
Professor Kurukshetra University
Kurukshetra
SUPERVISOR’S CERTIFICATE
Certified that Manjit bearning Ref. No. in
the session 2012-2013 has completed his dissertation entitled “Effectivess of Laws Prohibiting Sex Selective Abortions in
Curbing Female Foeticide in India” under my supervision and guidance. The work is fit for submission and
evaluation I wish her all sucess in her life.
Dated............ Dr.
C.R. Jilova
Declaration
I, MANJIT, do hereby
declare that the present dissertation entitled “Effectiveness of Laws Prohibiting Sex Selective Abortions in Curbing Female
Foeticide in India” has been prepared by me on the basis of original
research and has not been submitted or published in part or full to any other
institution or university for any other purpose.
Dated..............
(Manjit)
Kurukeshtra University
Kurukeshtra (Harayana)
Preface
The last couple of decades have seen
the girl child vanishing at such rapid rate that we are witnessing the
phenomenon of the ‘missing girls’. The result of Census of 2001 and
2011(provisionl) which highlighted this disturbing trend, made the focus on the
Child Sex Ratio (CSR) most important and urgent. The usual explanations of
‘cultural biases’ have been found to be both simplistic as well as inadequate.
Advancement in medical technology has
resulted in development of techniques of sex determination and sex selection
which have further deepened the crisis by providing access to methods for
selective abortions of female foetuses. Female foeticide has now replaced
female infanticide and has become an instrument of causing death of the unborn
girls.
Keeping all this in view, the present
dissertation makes an endeavour to analyse the causes for growth of female
foeticide in India, to analyse and evaluate the legal provisions regarding sex
selective abortions, to study the effectiveness of such laws in curbing the
practice of female foeticide and to analyse the judicial response towards the
problem.
I have attempted to summarise neatly,
to provide clear detailed and indepth analysis of the various reports and data
to expose and demonstrate that the phenomenon of selective abortions of female
fetuses is widespread. It is all pervasive and does not know the class, creed,
religion, urban or rural divides. The analysis of the statistics also reveals
that the wide spread phenomenon has not been curbed by the existing
legislations and the judicial response remains a mixed bag.
The whole dissertation is divided into
seven chapters covering various aspects of female foeticide from causes, legal
provisions, judicial dimensions to effectiveness of laws, consequences and
suggestions for curbing the menace of female foeticide. The recent case laws
and developments have also been discussed.
I am amply rewarded by the rich
experience and knowledge gathered during the research. Any mistake committed in
this dissertation is deeply regretted.
MANJIT
acknowledgement
In bringing this work, the debt of
gratitude that I owe are heavy and numerous. I wish to express my gratitude to
one and all who helped me in one way or other in the completion of this work.
Some of them however deserve special mention.
First and foremost, I take this
opportunity to express my deep sense of gratitude to my learned supervisor Dr. C.R, Jilova. I am deeply indebted
to him for his superlative guidance, consultative criticism, infallible
approach, inspirational words and valuable suggestions, which enabled me to
carry out this work with high moral. He not only provided me his ablest
experience and scholarly guidance but also allowed me a freehand in the
treatment of the subject. I shall remain ever grateful for him.
I will ever remember that I am a
product of a class,. batch 2012-2013, where existed equitable intellect that
inspired me to constantly improve myself as a student of Law.
mANJIT
ABBREVIATIONS
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AIR
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All
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All ER
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All
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Cri LJ
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Criminal
Law Journal
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(ed.)
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-
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Editor
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Edn.
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-
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Edition
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Et.al.
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And Others
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FB
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Full
Bench
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Ibid.
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At the
same place
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ILR
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Indian
Law Reporter
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Infra
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Below
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IPC
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-
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Indian
Penal Code,1860
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MTP Act
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Medical
Termination of Pregnancy Act,1971
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P.
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Page
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PC &
PNDT Act
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Pre-Conception
and Pre-
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SC
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Supreme
Court
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SCC
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Supreme
Court Cases
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SCR
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-
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Supreme
Court Reporter
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Sec.
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-
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Section
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Supra
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-
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Above
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US
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Vol.
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Volume
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WR (Cri)
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-
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Weekly
Reports (Criminal)
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List of cases
Ø CEHAT v. Union of India
Ø Centre for Enquiry into Health and
Allied Themes [CEHAT]
v. Union of India
Ø Chetna, Legal Advisory W.C.D. Society v. Union of India
Ø Criminal Writ
Petition No. 945 of 2005, Vinod Soni
& Anr v. Union of India,
decided by Bombay High Court on 13.05.2005.
Ø Deo v. Bolton , 41 USLW 4233 (1973).
Ø Dr. Jacob George v. State of Kerala
Ø Dr. Meenu Bhatia Prasad v. State, 2002 Cri. LJ 1674 (Del.).
Ø Harpreet Singh v. State of H.P.
Ø Madan Raj Bhandari v. State of Rajasthan
Ø Maideenkutty Haji v. Kunhikaya, AIR 1987 Ker 184 (FB)
Ø Q.E. v. Ademma,
1886 ILR Mad 369.
Ø Queen Empress v. Aruna Bewa, (1873) 19 WR (Cri) 230.
Ø Rex v. Bourne, (1938) 3 All ER 615,
621.
Ø Roe v. Wade, 410 US
Ø Sharif v. State of Orissa
Ø State of Maharashtra
Ø Suchitra Srivastava v. Chandigarh
Ø Surendra Chauhan v. State of M.P.
Ø
Voluntary Health Association
of Punjab Vs. Union of India & Others
[Writ Petition (Civil) No.
349 of 2006] 4 March 2013
contents
Topic Approval Performa (i)
Certificate by Superviser (ii)
Declaration (iii)
Preface (iv)
Acknowledgement (v)
Abbreviations (vi)
List
of Cases (vii)
Chapter-I : Introduction 1-10
1.1 Introduction
1.2 Objectives
Chapter-2 : Factors
Responsible for Female
Foetcide 11-27
2.1 Patriarchal Society
2.1.1 Son Preference
2.1.1 Daughter as a Burden
2.2 Two Child Family Norm
2.3 Misuse of Modern Medical Technology
2.4 Poor Enforcement of Laws
2.5 Consequences
Chapter 3 : Legal Framework 28-45
3.1 Provisions under Indian Penal Code,
1860
3.2 The Medical Termination of Pregnancy
Act, 1971
3.3 The Pre-Natal Diagnostic Techniques
(Regulation and Prevention of Misuse)
Act, 1994
3.4 The Pre-Conception and Pre-Natal
Diagnostic Techniques (Prohibition of Sex Selection Act, 1994)
3.4.1 Cognizance of Offence
3.4.2 Procedure for Prosecution
Chapter 4 : Judicial Dimensions 46-72
Chapter 5 : Effectiveness of Laws in Curbing the
menace
of female foeticide 73-102
Ø 5.1 Sex Ratio
Ø 5.2 Under Indian Penal Code
Ø 5.3 Under Pre-Conception and Pre-Natal
Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994
Chapter 6 : conclusion and Suggestions 103-111
Bibliography i-v
Annexures i-xlvi
Ø Annexure I : Relevant Provisions of Indian
Penal Code, 1860
Ø Annexure II : Medical Termination of
Pregnancy Act, 1971
alongwith Rules of 2003 and Forms
alongwith Rules of 2003 and Forms
Ø Annexure III : Pre-Conception and Pre-Natal
Diagnostic Techniques (Prohibition of Sex Selection Act, 1994) and Rules of
1996
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